The Gazette

How to choose a probate solicitor

Jo Summers, solicitor, explains the importance of seeking a probate solicitor with
specialist knowledge and suitable experience, and the fee options available.

When a loved one dies, dealing with the legal aspects involved can be hard. Numerous
questions arise, such as whether there is a valid will, do the intestacy rules apply,
or who has power to deal with the deceased’s assets.

Another important question is whether to use a solicitor to obtain probate (or letters
of administration, if it’s an intestate estate) and if so, what are the main points
you need to take into consideration when choosing a probate solicitor?

Here are some of the key points to consider when choosing a probate solicitor.

Probate solicitor fees explained

Usually, the first question for anyone looking for a probate solicitor is how much
it will cost.

Many people are surprised by the number of different ways a solicitor can charge for
probate services. Some solicitors charge fixed fees, others charge on an hourly basis
for time spent, and others charge an ad valorem fee, based on the value of the estate.

Fixed fees: a solicitor will assess your situation and provide you with a fixed fee,
having discussed the amount of work involved. This gives you a level of cost certainty.

Hourly charge: a solicitor will assess your case and provide a fully flexible option
on an hour-by-hour basis. You will be given information about the likely overall cost
and will be updated as to these costs as you go along. The advantages of this charging
structure are that you will only be charged for the time spent, so if it is a simple
process, this could be a cheaper option.

Ad valorem fees: this should be no more than 0.75% of the value of the residence and 1.5% for
the gross value of the estate less the residence (decreasing for larger estates).
This fee structure is no longer common practice, however Law Society guidance confirms
that ad valorem billing is permitted, provided the basis for charging is clear and is agreed in advance.

Regardless of the charging model, fees should be agreed in advance with the executors
nominated in the will, or the personal representatives, should an intestacy arise.
It may also be sensible to seek approval from any beneficiary who is absolutely entitled
in the will. Particularly where the residue is going to charity, solicitors may find their probate fees being scrutinised by the beneficiary to check
the overall cost is fair and reasonable.

‘Unbundled’ services for simpler estates

While many people prefer to pass the whole probate process to their solicitor and
leave them to it, some may wish to be more actively involved, particularly in the
administration of the estate once probate has been obtained. This kind of involvement
is more common with a smaller estate, whereas a more complex estate will probably
need to be dealt with by a professional.

If you do want to undertake some aspects of the process yourself, you will need to
check whether your potential solicitor can ‘unbundle’ their services. They will essentially
need to give you a list of items, so you can choose which to deal with yourself and
which to ask the solicitor to do. In this situation, clear communication is vital
to ensure that each party knows exactly what is expected of them, and to prevent any
omissions or duplication.

Familial ties with solicitors

Many people have close ties to a family solicitor who they have dealt with previously
and who they feel they can trust. This may even be the family solicitor who drew up
the will in the first instance, and therefore they will have extensive knowledge of
the wishes and instructions of the testator.

In these circumstances it is always prudent to obtain a quote for the administration
of the estate before you officially instruct them. You can also shop around by obtaining
quotes from other solicitors just by providing a rough idea of the value and the type
of assets in the estate.

Professional qualifications

The final consideration when choosing a probate solicitor is whether they have any
specialist professional qualifications in this area. The Law Society has a Wills and
Inheritance Quality Scheme (WIQS) to denote a specialism in this area, and membership
of STEP (full members use the letters TEP after their name) will also reassure you
that you are dealing with a suitably qualified professional.

Specialist knowledge and suitable experience is important, as probate work can be
a minefield, ready to trap the unwary. Mistakes can result in huge expense and distress,
which may take years to resolve.

If the estate includes any international element, such as assets outside the UK, for example, the need for experience becomes even
greater. Your UK solicitor should be able to recommend a practitioner in another jurisdiction
should the need arise, for example, to have the grant of probate re-sealed in another
country.

Solicitors as executors

It is not uncommon for solicitors to act as executors. They may be named in the will
because the testator does not wish to appoint family members or friends, or so that
it takes the burden away from family members. They may also have to step in as executors
where the named executors are unable to act, for example, if they no longer live in
the country, or have died.

If this is the case, you should confirm whether the solicitor will be charging for
acting in their additional capacity as executor, or whether they will only charge
for the actual legal work involved.

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